An easement is a legal right whereby the owner of one piece of land (the “servient tenement”) must allow or refrain from something for the benefit of another piece of land (the “dominant tenement”). The right is attached to the land itself, not to the owner — on sale, the easement passes with the property.
Common examples
- Right of way — a neighbour may walk or drive across your land to their property
- Right to light — restriction on building higher nearby
- Right of drainage — water may discharge onto a neighbour’s land
- Wayleave — a cable or pipe may run beneath someone else’s ground
- Right of support — your wall may rest on the neighbour’s wall
- Right to air — restriction on screening construction
How easements arise
An easement can arise in several ways:
1. Express grant
The most common: created by deed and registered at the Land Registry. When buying a house you can read the easements in the title documents.
2. Prescription
Open and continuous exercise of a right for at least 20 years can create an easement by prescription (long user) under English law.
3. On sale or division
When a large plot is divided into smaller plots, easements are often created — for example, a right of way to a rear property.
Key rules
- Registration — An easement must be registered to be enforceable against later purchasers
- Runs with the land — On sale the right passes automatically to the new owner
- No unilateral cancellation — The holder of the right must consent to extinguishment
- Termination — Through abandonment, release or merger of the two plots
Checking on purchase
When buying property:
- Request official copies of the title from the Land Registry
- Read the register and title plan for easements (often shown in colour)
- Look for paths, pipes or structures that suggest an easement
- Take legal advice if in doubt
Unexpected easements can affect the value or use of a plot.
Easement versus licence
An easement is a real right that runs with the land. A licence is a personal permission, only between the contracting parties and usually ending on sale.
Related terms
- Land Registry
- Building line
- Neighbour law
- Planning permission
- Property boundary
Want to learn more about construction terms? Visit our knowledge base at fredsdiyplans.com.